Quested v. Newburyport & Amesbury Horse Railroad
Massachusetts Supreme Judicial Court
Tobt for injuries received by the plaintiff whilst a passenger in a car drawn over the defendant’s railroad, alleged to have been caused by the carelessness and negligence of the servants in charge of the car. The declaration contained two counts: the first setting forth that the injury was caused by the servants of the defendant; and the second, that it was caused by the lessee of the railroad, who was operating the same at the time the injury was received by the plaintiff.
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Tobt for injuries received by the plaintiff whilst a passenger in a car drawn over the defendant’s railroad, alleged to have been caused by the carelessness and negligence of the servants in charge of the car. The declaration contained two counts: the first setting forth that the injury was caused by the servants of the defendant; and the second, that it was caused by the lessee of the railroad, who was operating the same at the time the injury was received by the plaintiff. At the trial in the Superior Court, before Brigham, C. J., it appeared that the defendant corporation was duly…
1Opinion of the CourtSoule, J.
The defendant corporation was the owner of the road on which the plaintiff was a passenger when injured, and the owner of the franchise to use the road for carrying passengers for hire. With this franchise went the liability of the defendant to compensate all its passengers injured by the negligence of its servants or agents. This liability does not grow out of the statute provision to that effect in its charter,* alone, but is one which rests on all carriers of passengers. Their duty is to use ordinary care for securing the safety of their passengers, and- injuries caused by the want of such…
2Cases cited1 opinion
- Davis v. Providence & Worcester RailroadMassachusetts Supreme Judicial Court · 1876
3Cited by10 opinions
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Braslin v. Somerville Horse RailroadMassachusetts Supreme Judicial Court · 1887
- Georgia Railroad & Banking Co. v. HaasSupreme Court of Georgia · 1906
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
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